The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-08-30
Another Writ of Habeas Coz pas
Defendants Appear BEFORE Judge
Cooper, Of the Supreme Court
Return Of a Former Writ Of Hateas
corpus Filed.
The Sheriff j'alms the New wclt
Cannot be Had.
Arguments OF Ceunsei ON Bs an
stdes-tnse Continued Until
To-day Han iiton Suffer.
Ing Prom n wound.
lsrsciAL TO rHs ArrsAL.I

ltrkciAt TO TIM ArrsAL.l
JACKSON, Mus, August 29.--Phe
case II parte Jones &. Hamilton and
L. NJ. Eubsnks came up for hearing
on avrit Of habess corpus before
Judge 7, :. Cooper, Chief Justice Of
the Supreme Court, Of 10 O'Clock this
morning, in the Circuit Court loom.
The relstors were Represented by
Mesr'. Nugen', Melville, Calhooa
Green. II. Cassidy, A. J, MoLsariu,
Patrick Henry ard w. A. White.
Hon. Wiley p. Harris was absent oa
account OF sickness. The State vas
Represented by Messrs. Brame &Alen-
ander, John M. Allen, q. b. Huddles.
ton, ]. II. Martin and Hou. D,gid
Todd, Of New Orleans. Tho sh,ua
having filed his return on the writ
setting up former tidal under e,it
OF ha6eH corpus, and claiming that q
new writ cannot be had, for that tho
case Ia res atjudicata, also stating that
relatois are beld under an Indictment,
council asked for time 10 prepare repli-
cations 10 said return. Whereupon
the court took reCtss till 3 o'clock
pm.
At 3 O'clock ?. N.
tho consideration OF the case waa re-
sumed. At the afternoon session there
was n crowd Of spectators pretent,
District Attorney X. NJ. Miller also
appeared for the State. Col. Nugens
presented end had aled an amend
ment TO the petition for relaior. Hem
ilton alleging In effect that be 10 sui-
ierlng from n wound In his arm, and
that he is in danger OF losirg the nee
OF the arm unlees the bullet, which
rests near the j'iht and on the nerve,
Ia soon extracted; that his surgeon
declines to perio,m the operation
while he 10 confined In jail. thinkiB g
| that Il would bs dangerous 10 do so.
10 settle the matter of iuritdictoD, or
the question Of rec fjudicata, counsel
| for realtors presented and hled ,hs
following motion;
"rhe relations moved the Courl 10
strike out from the return to the writ
90 much Of II ~ seis up the hAbeas
corpus proceedings before Hon. 4. q.
Pey,on, chancellor, previous TO IN
diclment found, and the judgment Of
ls.id chancellor thereon ~ surplusag go
and constituting no relation 10 the
duplication now pending"
In enpport of the iightoi relssorc %
this rcind writ Of habeas corpus
Judge Calhoon read written argu-
ment from judge Wiley r. HsrTis.
who IL absent. Judge Calhoun then
proceeded 10 argue orally the quos-
iior. taking tbs poeition that Chan
csllor Peyton brought thu parties be-
fore MIN by q writ Of habeas corpus,
used on tho ground 81 an unreason-
able delay on preliminary txsmina-
ton; that ,hey were arrested on ain
Gayit on bench warrant iasuel oy
jnsiice oi the peace on an tfidayi'
Of J. II. Gambrel', charging them With
murder, ana committed without in
ysstigaiioni that the commitment
without tiial was Illegal. which iaci
entitled them 10 n Discharge bv ihs
Chancellor when brought before MIN
undnr the writ Of hsbeGH corpus, bul
who, then, ~ he bad the right to dC
under the .aw, "a CONSERVATION VI hi
peace, proceeded, as such conservation
20 q preliminary examl a'iou thai
the eaid tTial was conducted and pro
cseded with an such aud 20 treated
and declered by the chancellor, sad
that no appeal can be taken from hit
doclplon. thai, even u said trial
he'd been q regular formal
investigation under the writ ol
habeas corpus nnd beiug remanded
20 i,il Hereunder without ben0ht
oi ball 20 ausSer 10 tho UifCnit
Court, their having since been in-
dlried changes the aspect 81 their case
under the decisions Of the Supreme
Court aud entitle them to a new or
second writ
Mesrr. Todd, Of New Orleans. and
Alexander. on the part OF the state,
contToyefled there poinls, and argued
that the trial before Chancellor Pey-
ton vas strictly habean corpus pro-
rseding end tina; the REALTORS ate pro-
! cudod under tho statute from q
second writ.
| Col Nugert followed for the REALTORS
In the same .ine OF argument as that
Of Judge Calhoon, elaboralirg ne
same ~ ieng,h, and attacking the CON-
stitui0naliiy Of the statute denying q
second writ, 81 FAR ne Il ahhdgss tho
constitutional rights Of thllo relatov
o. applies 10 their caee.
Tie court 40 .uintd till $3.50 y & sUk
am. tomorrow, when the aTgumant
will be- resumed by the Hon. JOHN NJ.
A lien for the State, sbd concluded by
tue Hon. a. J. Mtlalrin i'r mo
rclaiors.